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Do You Have Legal Ties To Your Partner?

The concept of what makes a relationship legal has undergone many changes recently, the most controversial being same-sex marriage. There is, however, a legal way to be married that has been in existence for centuries. Common-law marriage is not a thing of the past at all; some states continue to recognize it. Read on to learn what it takes to have a common-law marriage and how to part ways when the time comes.

Only a few states persist

Common-law marriage is only recognized in a handful of states at this time and every once in a while a state decides to "outlaw" it. In the states that recognize this cohabitation method of being wed the issue does face regulations that prevent the abuse or misuse of it.

To qualify for a common-law marriage you should:

• Be unmarried to another
• Be legally old enough to be married in your state
• Not be mentally incapacitated
• Hold yourself out to be a married couple. This means that both parties agree that they are in a common-law marriage relationship and present themselves in this manner to family, friends, the community, the church and so on.

Ending a common-law marriage

While many consider a common-law marriage to be a more casual type of legal relationship the law sees it as on a par with a traditional legal marriage. If you are "holding yourselves out" to be in a common-law marriage then you must follow the rules and divorce just as if you were married in the traditional manner. It is when couples disagree about property, debt and just what type of relationship they really were in that problems can occur. For example, if one party insists that the couple was just cohabiting then they may try to leave the relationship with more than their fair share of marital property.

When the relationship status is in dispute

Family law judges in the states that recognize this form of marriage use several ways to determine the validity of a common-law marriage when one party disagrees with the stated status and tries to divorce their partners. The judge will view:

1. Whether or not the couple purchased a home together during their relationship
2. Whether or not the couple used joint bank accounts
3. Whether or not the couple had children together
4. Whether or not the couple filed taxes jointly
5. Whether or not the couple used a common last name
6. Whether or not the community at large recognized them as being common-law married or just living together.

To help you make sense of your relationship status speak to a family law attorney, such as at Goble & Yow PLLC.